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MINUTES OF PROCEEDINGS
 
Meeting No. 66
 
Monday, March 25, 2013
 

The Standing Committee on Justice and Human Rights met at 3:29 p.m. this day, in Room 306, La Promenade Building, the Chair, Mike Wallace, presiding.

 

Members of the Committee present: Dan Albas, Scott Armstrong, Françoise Boivin, Robert Goguen, Pierre Jacob, Hoang Mai, Wayne Marston, Kyle Seeback and Mike Wallace.

 

Acting Members present: Sean Casey for Hon. Irwin Cotler, Ryan Leef for Brent Rathgeber and Costas Menegakis for David Wilks.

 

In attendance: House of Commons: Chloé O'Shaughnessy, Legislative Clerk; David-Andrés Novoa, Legislative Clerk. Library of Parliament: Cynthia Kirkby, Analyst.

 

Witnesses: Government of Manitoba: Andrew Swan, Minister of Justice and Attorney General. Winnipeg Police Association: George VanMackelbergh, Vice-President. Boys and Girls Clubs of Canada: Rachel Gouin, Manager, Research and Public Policy; Marlene Deboisbriand, Vice-President, Member Services. Department of Justice: Matthew Taylor, Counsel, Criminal Law Policy Section.

 
Pursuant to the Order of Reference of Wednesday, June 20, 2012, the Committee resumed consideration of Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment).
 

Andrew Swan, George VanMackelbergh, Rachel Gouin and Marlene Deboisbriand made statements and answered questions.

 

At 4:36 p.m., the sitting was suspended.

At 4:40 p.m., the sitting resumed.

 

The Committee commenced its clause-by-clause study of the Bill.

 

Matthew Taylor answered questions.

 

Clause 1 carried.

 

On Clause 2,

Robert Goguen moved, — That Bill C-394, in Clause 2, be amended by replacing line 17 on page 1 with the following:

“members — criminal organization),”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also adopted:

That Bill C-394, in Clause 13, be amended by replacing line 33 on page 3 with the following:

“members — criminal organization),”

That Bill C-394 be amended by replacing, in the French version, the long title on page 1 with the following:

Loi modifiant le Code criminel et la Loi sur la défense nationale (recrutement : organisations criminelles)

 

Clause 2, as amended, carried.

 

Clause 3 carried.

 

Clause 4 carried.

 

Clause 5 carried.

 

Clause 6 carried.

 

Clause 7 carried.

 

Clause 8 carried.

 

On Clause 9,

Kyle Seeback moved, — That Bill C-394, in Clause 9, be amended by replacing line 29 on page 2 with the following:

“recruits, solicits, encourages, coerces or invites a person”

 

After debate, the question was put on the amendment of Kyle Seeback and it was agreed to.

 
Robert Goguen moved, — That Bill C-394, in Clause 9, be amended by replacing, in the English version, line 30 on page 2 with the following:

“to join the criminal organization, is guilty of an”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 
Sean Casey moved, — That Bill C-394, in Clause 9, be amended by replacing lines 31 to 39 on page 2 with the following:

“indictable offence and liable to imprisonment for a term not exceeding five years.”

 

After debate, the question was put on the amendment of Sean Casey and it was negatived.

 
Sean Casey moved, — That Bill C-394, in Clause 9, be amended by replacing line 35 on page 2 with the following:

“exceeding five years, and, except in the case where the person who committed the offence is a child or young person, to a minimum”

 

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 
Françoise Boivin moved, — That Bill C-394, in Clause 9, be amended by adding after line 39 on page 2 the following:

“467.112 When a court imposes a sentence for an offence under section 467.111, the court shall consider as an aggravating circumstance any evidence establishing that the offence was committed against a person under the age of eighteen years near a school or a community centre.”

Debate arose thereon.

 

By unanimous consent, Françoise Boivin moved, — That the amendment be amended by adding after the words “shall consider” the following: “among other factors,”

 

The question was put on the subamendment of Françoise Boivin and it was negatived.

 

The question was put on the amendment of Françoise Boivin and it was negatived.

 

Clause 9, as amended, carried.

 

Clause 10 carried.

 

Clause 11 carried.

 

On Clause 12,

Robert Goguen moved, — That Bill C-394, in Clause 12, be amended by replacing line 25 on page 3 with the following:

“offence alleged to have been committed for the benefit of, at the”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 12, as amended, carried.

 

Clause 13, as amended, carried.

 

On Clause 14,

Robert Goguen moved, — That Bill C-394, in Clause 14, be amended by replacing, in the French version, line 35 on page 3 with the following:

“est une infraction grave présumée avoir été com-”

 

After debate, the question was put on the amendment of Robert Goguen and it was agreed to.

 

Clause 14, as amended, carried.

 

Clause 15 carried.

 

Clause 16 carried.

 

Clause 17 carried.

 

The Title, as amended, carried.

 

The Bill, as amended, carried.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-394, as amended, be reprinted for the use of the House at report stage.

 

At 5:29 p.m., the Committee adjourned to the call of the Chair.

 



Jean-François Pagé
Clerk of the Committee

 
 
2013/04/10 2:50 p.m.